Indian Evidence Act, 1872 with Section 112

Paternity vs. Legitimacy: Supreme Court Settles Maintenance Dispute (28 January 2025)

/ Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 11, Family Courts Act, 1984, Family Courts Act, 1984 with Section 7, Family Courts Act, 1984 with Section 8, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 112, Judges, Surya Kant, Ujjal Bhuyan

Date of the Judgment: 28 January 2025 Citation: 2025 INSC 115 Judges: Justice Surya Kant and Justice Ujjal Bhuyan Can a child claim maintenance from someone other than their legal father? The Supreme Court of India recently addressed this complex question, clarifying the difference between paternity and legitimacy in maintenance cases. This judgment arose from […]

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DNA Test for Adultery: Supreme Court Limits Use in Matrimonial Cases (20 February 2023)

/ B.V. Nagarathna, Family Law, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 112, Indian Evidence Act, 1872 with Section 114, Judges, Matrimonial Disputes, Presumption of Legitimacy, V. Ramasubramanian

Supreme Court Restricts DNA Tests for Proving Adultery in Matrimonial Disputes LEGAL ISSUE: Whether a court can direct a DNA test of a child to determine adultery in divorce proceedings. CASE TYPE: Matrimonial/Family Law Case Name: Aparna Ajinkya Firodia vs. Ajinkya Arun Firodia Judgment Date: 20 February 2023 Introduction Date of the Judgment: 20 February

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Supreme Court Restricts DNA Tests for Proving Adultery in Matrimonial Cases: Aparna Ajinkya Firodia vs. Ajinkya Arun Firodia (2023) INSC 146 (20 February 2023)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 21, Family Courts Act, 1984, Family Courts Act, 1984 with Section 14, Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 112, Indian Evidence Act, 1872 with Section 114, Judges, Presumption of Legitimacy, V. Ramasubramanian

Supreme Court Restricts DNA Tests for Proving Adultery in Matrimonial Cases: Aparna Ajinkya Firodia vs. Ajinkya Arun Firodia (2023) INSC 146 (20 February 2023) LEGAL ISSUE: Whether a court can direct a DNA test of a child to determine adultery in a divorce case, and the interplay between Section 112 and Section 114 of the

Supreme Court Restricts DNA Tests for Proving Adultery in Matrimonial Cases: Aparna Ajinkya Firodia vs. Ajinkya Arun Firodia (2023) INSC 146 (20 February 2023) Read Post »

DNA Test Not Mandatory: Supreme Court Protects Right to Privacy in Property Dispute: Ashok Kumar vs. Raj Gupta (2021)

/ Constitutional Law, Fundamental Rights, Hrishikesh Roy, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 112, Judges, R. Subhash Reddy, Right to Privacy

Supreme Court on DNA Test in Property Disputes: Ashok Kumar vs. Raj Gupta (2021) LEGAL ISSUE: Whether a party in a property dispute can be compelled to undergo a DNA test against their will to prove lineage. CASE TYPE: Civil (Property Dispute) Case Name: Ashok Kumar vs. Raj Gupta & Ors. [Judgment Date]: 1 October

DNA Test Not Mandatory: Supreme Court Protects Right to Privacy in Property Dispute: Ashok Kumar vs. Raj Gupta (2021) Read Post »

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